What to Do When You Have a DUI Charge

Like all states in the U.S., Illinois has strict Driving under the Influence or DUI laws. Illinois has an Implied Consent Law, where drivers agree to abide by the rules and regulations under the law as a condition to be allowed and licensed to drive.

In Illinois, any individual who has physical control of any vehicle has implicitly given consent to provide a blood, urine and breath sample to a police officer to test for DUI. Furthermore, the state of Illinois has a Zero Tolerance Policy for underage minors suspected of DUI.

How to Deal with Your DUI Charge?

When you find yourself in hot waters with a DUI charge against you, your strategy must begin with finding a well-recommended DUI attorney with years of experience in the field. Discuss the details of your arrest with the attorney and walk the lawyer through all the events that led to your DUI charge. Do not leave out any details, even if they seem trivial or irrelevant, let your attorney know everything.

Sharing details about your case will help the attorney find discover evidence the police has against you. There are a number of different approaches to handling a DUI case. Here are some of the loopholes and strategies that could be helpful in getting you out of a DUI charge:

– A non-standard field sobriety test, such as the officer asking you to touch your nose with your finger or saying the alphabets backwards, will be deemed invalid in court.

– The lack of evidence and probable cause which led to the arrest.

– The police officer is unable to provide dispatch recordings.

– No dash cam evidence.

– It’s highly unlikely that driving under the influence on private roads, which are private property, will get you penalized because most drunk driving penalties are not applicable to private properties. If your lawyer is able to prove you were on a private road at the time of the penalty, then your DUI penalty can be revoked.

The repercussions of driving under the influence are many: Your license may be suspended for a limited time, and in some cases, it can be more than a year, or your vehicle may be confiscated by the police.

If you wish to know more about DUI charges in Illinois or speak with an experienced DUI and real estate attorney, contact the offices of Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.

How to Prevent Legal Issues when Buying or Selling Real Estate

The real estate market in Illinois is competitive, which means there is a lot that goes into each real estate transaction. Whether you are a first time buyer, or you have previous experience of buying or selling a property, you will need an experienced real estate attorney to help you navigate the complex world of real estate.

One of the biggest concerns for people is whether they will be approved for financial assistance from a bank or a financial institution. Closing a deal on a property is a big achievement. It’s essential you are prepared for the process to begin and end smoothly.

While selling a residential or commercial property, if the sale is to go through, most people will expect the buyer to meet a set of contingencies. Similarly, the buyer also will have some terms and conditions for the seller.

It’s rare a real estate deal is finalized without an experienced lawyer present as an attorney will consider every aspect of the transaction before any agreement is signed between the parties. Once these terms, conditions and contingencies set by both parties are successfully fulfilled, it’s highly unlikely any party will face any legal issues.

Asking questions about the seller or buyer is the first step towards finding the right property and to preventing any legal issues from occurring. Collect as much information as possible to get an idea of the real estate market prices. The following types of information can help you find the right property:

What type of property are you looking for?

Before you decide to buy a house, it’s essential to look for a property you can afford. An experienced attorney with years of expertise in real estate can help you determine your finances and other legal matters.

Things to Consider before Selling a Property

If you are selling your property, the first thing you need to do is talk to a real estate agent and list your property. Discuss the duration of the listing and the price with your realtor in presence of your real estate attorney. List all the items that are a part of the property on sale. It is mandatory for the seller to provide the buyer with a Disclosure Form, under the 765 ILCS 77/) Residential Real Property Disclosure Act.

If you need a real estate attorney for any real estate transaction, feel free to get in touch with Covert Marrero Covert LLP. Give us a call at (630) 717-2783 if you have any other queries.

Foreclosure Defense: Legal Terms You Should Know

Foreclosure refers to a legal process when a financial institution or lender initiates legal action against the borrower in order to recover the unpaid amount of mortgage loan. This legal action usually takes place after the mortgagor (or lendee) has stopped making payments as per their loan arrangement. The objective of foreclosure is to sell the property, which was offered as collateral for the mortgage.

If you are facing foreclosure, it can be extremely beneficial for your case to hire an experienced foreclosure defense lawyer. It is critical to educate yourself about legal terms regarding foreclosure defense, so you are better able to understand your case and ensure you and your lawyer are on the same page. Here are some of the legal terms you should know:

Legal Terms You Should Know

Mortgagor and Mortgagee – People always confuse these terms. A mortgagor is the person or entity who has taken out a loan by using the house they are purchasing as a collateral. A Mortgagee refers to the financial institution or lender that provides the loan to the homeowner.

Promissory Note – A promissory note, also known as a note payable, is a financial instrument called an IOU that is executed by the owner of the home when they apply for a mortgage. The mortgage arrangement results in a lien on their property, which allows the lending institution to protect their financial interests in case the homeowner is unable to make the mortgage payments.

Lis Pendens – Lis Pendens refers to the filing of a notice by the mortgagee to inform the homeowner they are initiating a legal action pertaining to the title and ownership interest in their home. It is a public record used to notify all parties who may have an interest in the concerned property.

Deed – A deed is a written document, which authenticates who is the owner of a property. It is an important legal tool that both the buyer and seller must sign to transfer the ownership rights to the new homeowner.

Secured Creditor – In cases involving foreclosure, the term secured creditor is used to refer to the financial institution or lender that provided funds to the homeowner so they can either purchase or refinance the property.

Default – The term ‘default’ simply describes a situation where a homeowner is unable to make timely payments, as per the agreed upon arrangement, with respect to their mortgage loan.

Facing Foreclosure: Do I Need A Lawyer?

When you are facing foreclosure, you have two choices: Either let your lender win or choose to fight the case. Fighting the case provides you an opportunity to avoid eviction and at least save your credit ratings, if not your home. If given sufficient time, a competent foreclosure defense lawyer might be able to work out a deal with your financial institution to avoid foreclosure, perhaps by negotiating a rearrangement of the mortgage agreement.

There are several alternatives available to prevent foreclosure, such as short sale, declaring bankruptcy and reverse mortgage. If negotiations do not work out, your foreclosure defense lawyer will attempt to seek these alternatives and devise a solid foreclosure defense strategy to ensure your financial, as well as legal interests, remain protected.

If you wish to know more about foreclosure defense legal terms or speak with an experienced real estate lawyer, contact the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session.

How Can A Short Sale Save Your Credit Score?

A short sale is an arrangement when a homeowner, who is facing a financial crisis, is having difficulty keeping up with their mortgage payments. As an alternative to agreeing with the mortgage company or another lending institution to foreclose on their home, an individual can instead apply for permission to sell their house for less than its market value. Typically, the lender will then discharge the remaining amount.

A short sale allows both the lender and the homeowner to avoid a foreclosure which can prove to be quite costly for both parties. If you are facing a financial predicament and can no longer make your monthly mortgage payments and want to opt for a short sale, it can be highly beneficial for you to hire an experienced real estate lawyer to help you avoid foreclosure.

Why Would a Lender Agree for a Short Sale?

Filing for foreclosure costs banks and financial institutions a great amount of money as they must assume the responsibilities related to the maintenance and taxes of the property. In addition to that, the housing prices are fairly low and selling a house does not yield them sufficient amount of money to recoup their losses.

Therefore, lenders are more inclined towards a short sale rather than opting for a foreclosure. A short sale transaction allows the lenders to obtain far more money back and help them to avoid the charges and hassles associated with the filing for a foreclosure. As a matter of fact, a short sale is beneficial for all the parties in a transaction that includes the buyer as well. The buyer is able to purchase a property at a much lower price than its original value and does not have to deal with the eviction process or many other issues that are typically involved in a conventional sale.

Short Sale and Your Credit Score

A short sale is a better choice than a foreclosure for a multitude of reasons. It is more private, allows you to live rent-free until the completion of the transaction, and provides psychological comfort. However, the most important benefit of a short sale is that it helps a homeowner to save their credit ratings by avoiding foreclosure.

A foreclosure can prove to be devastating for your credit ratings. A poor credit score can severely put you at a disadvantage when it comes to borrowing money as you will either have to face rejection when applying for loans or pay a higher amount of interest if you manage to obtain a loan.

It may also reflect poorly on you if you apply for a new job, particularly if it is related to the financial sector or involves handling sensitive information. Therefore, you should procure the services of a competent real estate lawyer to make sure your credit rating is not affected due to your short-term financial crisis.

Using their knowledge pertinent to law and negotiation techniques, a skillful real estate lawyer will be in a better position to negotiate with your lender and persuade them to opt for a short sale option, which will help you to save your credit ratings and provide numerous benefits over a foreclosure.

If you wish to know more about how short sale can help to save your credit ratings, call the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session.

All You Need to Know about a Real Estate Lien

When it comes to purchasing a home, the difficult real estate terminologies can often confuse many people who are looking to buy a house, making the process more complicated and complex. Though a person may hire a realtor and a real estate lawyer to protect their interests, it is important that they familiarize themselves with the basics. One of the terms which mostly puzzles the buyers is ‘lien’.

What is Lien?

A Lien is a claim that an individual or entity has on a residential property with respect to the unpaid bills of the homeowner. When a lien is placed in the title of a house, the owner loses the legal right to refinance, sell, or transfer a clear title of ownership unless they discharge it by paying it off in full. As Lien is a financial obligation of a homeowner owed to a creditor or lending institution, the seller will be unable to obtain the full price of the property. Thus, it can reduce the resale value of the property and, in some cases, makes it a less enticing option for the buyer.

Types of Real Estate Liens

Liens can be broadly categorized into two types; voluntary and involuntary. The former can be initiated by drafting a contractual agreement between the individual seeking the lien and the creditor who is offering financial assistance. An example can be a mortgage provided by the bank so that an individual can purchase the property.

Conversely, an involuntary lien is not initiated by a homeowner, but it is a financial instrument to penalize the homeowner, mainly pertinent to construction or tax-related issues. In such instances, the entity to whom the amount is owed will be able to place a hold on the house until the amount is settled, among other possible legal recourses.

A Construction Lien

A construction lien is placed on the house in an event where there are unpaid repairs or renovations carried out in order to increase the value of a property. This arrangement is made especially when the construction company hires sub-contractors or specialists to perform certain tasks. If they are not remunerated for their services, they have a legal right to file a lien against the property for payment.

Legal Help for Invalid Liens

Voluntary liens are placed on the house through mutual understanding between a homeowner and creditor; however, there are instances where the lender may attempt to misuse the arrangement. If you have a lien on your house and you believe that your rights are being violated, you should hire an experienced real estate lawyer to protect your financial interests.

The involuntary liens may often cause disputes and delay a potential arrangement of selling your house. If you feel that your house is being subjected to an invalid lien, it is critical that you seek legal counsel from a competent real estate lawyer. Your attorney will devise a solid argument in your favor and help you navigate through any issue relating to an invalid lien on your real estate property.

If you wish to know more about this subject or speak with an experienced real estate lawyer, contact the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session.